Workplace Investigations
Workplace Investigations
Workplace investigations are appropriate in certain circumstances, legislatively mandated in some circumstances, and “expected” under the common law in some situations.
For example, human rights jurisprudence has effectively established that an employer has a positive duty to investigate allegations of harassment and discrimination based upon a prohibited ground of discrimination (e.g. sex, ethnicity, age, etc.). Indeed, the Human Rights Tribunal of Ontario has awarded monetary damages against employers for failing to respond properly to and investigate complaints – even in circumstances where the applicant was unable to make out a violation of the Ontario Human Rights Code itself.
In 2009, Ontario’s Occupational Health and Safety Act (“OHSA”) was amended to include protection against “workplace harassment” and workplace violence, and the requirement of the employer to prepare and implement a policy on how employee complaints will be investigated.
In addition to legislation, wrongful dismissal jurisprudence (i.e., court cases) have held that workplace investigations must be “fair” (i.e., there must be procedural fairness). Therefore, an unfair investigation – or no investigation at all – could be considered a “constructive dismissal”, could lead to an employer losing a “just cause” case, and could even attract additional damages (for example, moral or punitive damages).
David Ertl is a certified workplace investigator. Call us if you need:
A) a workplace investigation conducted;
B) advice on an upcoming / on-going investigation; or
C) training on how to conduct a workplace investigation.
I’ve received workplace investigation training before, but as any HR person knows, there is always something that comes up during an investigation that confounds. I feel relieved that if something arises, I can pick up the phone and speak with David or Andrea to understand the obstacle, tackle it and move on. I’ve just never dealt with counsel that is as approachable and helpful as David and Andrea.
– HR MANAGER, ACCOMMODATION & FOOD SERVICES, WINDSOR
Need Expert, Reliable & Affordable Employment Counsel? You Found Us.
We are employment counsel to small and medium-sized businesses across Ontario.
We provide outstanding service in employment matters including:
Contract Drafting
Workplace Policies
Hiring and Dismissals
Human Resources Advice
Litigation Counsel
Duty to Accommodate
Workplace Investigations
Legislative / Regulatory Compliance
Call us today. Our help can make all the difference.
Related Blogs
The Employment Standards Act
Ontario's Employment Standards Act (ESA) is one of the main sources of employment laws in Ontario. For almost every worker in Ontario, it outlines their minimum rights in the workplace and covers most aspects of the employer-employee relationship. Learn about your...
Your Guide to Stress Leave in Ontario
What is Stress Leave? Stress leave is a form of leave available to employees in Ontario who are experiencing excessive stress, anxiety, or other mental health issues that impede their ability to effectively fulfill their job responsibilities. "Stress leave" is...
Vacation Pay in Ontario: What You Need to Know
Vacation Pay in Ontario: Introduction With Thanksgiving weekend around the corner, the unofficial start of the holiday season begins. As we look ahead and start making plans, holiday shopping and sending out invitations, another important consideration is booking your...
Related Videos
Severance Pay Calculator
October 26, 2020 | Employment
How to Handle Negative Performance Reviews
October 26, 2020 | Employment
5 Reasons Your PIP is a Sham
October 26, 2020 | Employment